Introduced by Senator Laird |
February 18, 2021 |
(d)Notwithstanding any other provision of this section, the department and the landowner may agree on a cancellation valuation
of the land. The agreed valuation shall serve as the cancellation valuation pursuant to Section 51283 or Section 51283.4. The agreement shall be transmitted to the board or council considering the petition to cancel the contract.
(e)If the department and landowner agree upon a cancellation value pursuant to subdivision (d) on a contract with a city or county
that includes an additional cancellation fee pursuant to Section 51240, the department shall provide a preliminary valuation to the county assessor of the county in which the land is located and the board of supervisors or the city council at least 60 days before the effective date of the final cancellation valuation. The preliminary valuation shall include a description of the rationale and facts considered by the department in determining the cancellation value. The assessor may provide comments on the preliminary valuation to the board of supervisors or city council. The board of supervisors or city council may provide comments on the preliminary valuation and cancellation value, if submitted, to the department. Before determining the final cancellation valuation, the department shall consider the comments of the board or council concerning the preliminary valuation and
cancellation valuation, if submitted.
(f)
(4)The number of nonrenewal and withdrawal of renewal notices received pursuant to Section 51245 and the number of expiration notices received pursuant to Section 51246 during the previous two years.
(5)The number of acres covered by nonrenewal notices that were not withdrawn and expiration notices during the previous two years.
(d)The department may recommend changes to this chapter which would further promote its purposes.
(e)The Legislature may, upon request of the department, appropriate funds from the deferred taxes deposited in the General Fund pursuant to subdivision (d) of Section 51283 in an amount sufficient to prepare the report required by this section.
Within 30 days of the receipt of a notice of nonrenewal from a landowner, the service of a notice of nonrenewal upon a landowner, or the withdrawal of a notice of nonrenewal, the city or county shall deliver a copy of the notice or a notice of withdrawal of nonrenewal to the Director of Conservation.
Within 30 days after a form of contract is first used, the clerk of the board or council shall file with the Director of Conservation a sample copy of each form of contract and any land use restrictions applicable thereto.
The provisions of this section shall apply only to those proceedings for the cancellation of contracts which were initiated pursuant to Section 51282.1, and, consistent with the provisions of Section 9 of Chapter 1095 of the Statutes of 1981, shall apply to the same extent as the provisions of Section 51282.1, notwithstanding their repeal.
(1)A copy of the petition.
(2)A copy of the contract.
(3)A general description, in text or by diagram, of the land that is the subject of the proposed cancellation.
(4)The deadline for submitting comments regarding the proposed cancellation. That deadline shall be consistent with the Permit Streamlining Act (Chapter 4.5 (commencing with Section 65920) of Division 1 of Title 7), but in no case
less than 30 days prior to the scheduled action by the board or council.
(b)The board or council shall send that information to the assessor that is necessary to describe the land subject to the proposed cancellation. The information shall include the name and address of the landowner petitioning the cancellation.
(c)The Director of Conservation shall review the proposed cancellation and submit comments to the board or council by the deadline specified in paragraph (4) of subdivision (a). Any comments submitted shall advise the board or council on the findings required by Section 51282 with respect to the proposed cancellation.
(d)Prior to acting on the proposed cancellation, the board or council shall consider the comments by the Director of Conservation, if submitted.
(e)The board or council may include the cancellation valuation, if available, of the land as part of the completed petition
sent to the director.
(d)The Director of Conservation approves the cancellation. The director may approve the
cancellation after reviewing the record of the tentative cancellation provided by the city or county, only if he or she finds both of the following:
(1)That there is substantial evidence in the record supporting the decision.
(2)That no beneficial public purpose would be served by the continuation of the contract.
(e)